Jones v. Carver
Citations
- 59 Tex. 293
- 1883 Tex. LEXIS 156
Syllabus
<p>1. Description. — In a suit for specific performance of a contract in writing to convey “ a piece of land supposed to be forty acres, ” the defendant denied the agreement. Held,- that this imposed on the plaintiff the necessity of proving a valid agreement, although the statute of frauds was not directly invoked as a defense, and such a contract was void for uncertainty, there being neither allegation or proof of fraud or mistake in its execution.</p> <p>2. Parol evidence.— Parol evidence is inadmissible to aid a description of land so uncertain and defective.</p> <p>3. Specific performance.— Specific performance of an agreement for the conveyance of land resting in parol will not be enforced, unless the whole or the greater part of the purchase money has been paid, and equitable reasons, in addition, can be shown. Evidence that the greater part of the purchase money was paid by one who afterwards cut all the timber from the land, paid taxes, and claimed to have purchased it, will not of itself authorize a decree for a specific performance of a parol agreement to convey it to him. -</p> <p>4. Same:— Nor will specific performance be decreed, of any agreement, unless the parties have described the land to be conveyed in their agreement, or unless it furnishes the means by which it can be identified with reasonable certainty; following Story’s Equity, 767, and many cases to the like effect.</p>
Judges: Stayton
Read full opinion on CourtListenerCited by
20 cases in this archive cite this case.
- Broaddus v. GroutTexas Supreme Court· 1953-05-13· cited 69×
- Republic National Bank of Dallas v. StetsonTexas Supreme Court· 1965-04-28· cited 49×
- Hereford v. TilsonTexas Supreme Court· 1947-03-26· cited 34×
- U. S. Enterprises, Inc. v. DauleyTexas Supreme Court· 1976-03-31· cited 33×
- Rhode v. GallatSupreme Court of Florida· 1915-12-16· cited 29×
- Cantrell v. GarrardTexas Commission of Appeals· 1922-05-17· cited 29×
- Whitehead v. ReigerTexas Commission of Appeals· 1928-05-23· cited 23×
- Ragsdale v. MaysTexas Supreme Court· 1885-01-12· cited 22×
- Dunn v. SlemonsCourt of Appeals of Texas· 1942-09-21· cited 19×
- Davis v. FreemanCourt of Appeals of Texas· 1961-05-19· cited 16×
- Bonnie Bryan Mayor v. Vidal GarciaTex. App. Ct., 6th Dist. (Texarkana)· 2003-04-16· cited 12×
- Carle v. CarleCourt of Appeals of Texas· 1950-07-12· cited 10×
- Norsworthy v. HewgleyCourt of Appeals of Texas· 1950-07-12· cited 4×
- Wild v. HargraveCourt of Appeals of Texas· 1978-04-12· cited 4×
- Tudor v. HenryCourt of Appeals of Texas· 1955-04-18· cited 1×
- in Re: Douglas A. DunnTex. App. Ct., 6th Dist. (Texarkana)· 2003-11-12
- Bonnie Bryan Mayor v. Vidal GarciaTex. App. Ct., 6th Dist. (Texarkana)· 2003-03-10
- in Re: Charles Edward DoyleTex. App. Ct., 6th Dist. (Texarkana)· 2008-09-24
- Mark J. Mueller v. James H. Davis, Individually, James H. Davis D/B/A J.D. Minerals, and JDMI, LLCCourt of Criminal Appeals of Texas· 2015-06-16
- Mark J. Mueller v. James H. Davis, Individually, James H. Davis D/B/A J.D. Minerals, and JDMI, LLCTex. App. Ct., 6th Dist. (Texarkana)· 2015-08-17
Cites
3 cases in this archive are cited by this case.
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